Federal Register: April 10, 2009 (Volume 74, Number 68)
DOCID: fr10ap09-2 FR Doc E9-8213
SOCIAL SECURITY ADMINISTRATION
Social Security Administration
CFR Citation: 20 CFR Parts 403 and 429
Docket ID: [Docket No. SSA-2009-0015]
RIN ID: RIN 0960-AG99
NOTICE: RULES
DOCID: fr10ap09-2
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Testimony by Employees and the Production of Records and Information in Legal Proceedings, Claims Against the Government Under the Federal Tort Claims Act, and Claims Under the Military Personnel and Civilian Employees' Claim Act of 1964; Change of Address for Requests
DATES: This final rule is effective April 10, 2009.
DOCUMENT SUMMARY:
This final rule updates the address of the post office boxes used to file applications for testimony of a Social Security Administration (SSA) employee and claims made pursuant to either the Federal Tort Claims Act or the Military Personnel and Civilian Employees' Claims Act of 1964.
SUMMARY:
Testimony by Employees and the Production of Records and Information in Legal Proceedings, etc.; Change of Address for Requests
SUPPLEMENTAL INFORMATION
Electronic Version
The electronic file of this document is available on the date of publication in the Federal Register at http://www.gpoaccess.gov/fr/ index.html.
Why are we revising these rules?
Our regulations currently provide that if you would like an SSA
employee to testify in a legal proceeding to which we are not a party,
you must mail an application to a specific post office box address. 20
CFR 403.102(c). We established a separate post office box address for
filing claims against the government under either the Federal Tort
Claims Act or the Military Personnel and Civilian Employees' Claims Act
of 1964. 20 CFR 429.102 and 202. We are updating our regulations to
reflect changes in the address for these post office boxes. We are not making any substantive changes to the regulations.
Regulatory Procedures
Justification for Final Rule
We follow the Administrative Procedure Act (APA) rulemaking procedures specified in 5 U.S.C. 553 in the development of our regulations. The Social Security Act, 702(a)(5); 42 U.S.C. 902(a)(5). The APA provides exceptions to its prior notice and public comment procedures when an agency finds there is good cause for dispensing with such procedures on the basis that they are impracticable, unnecessary, or contrary to the public interest.
In the case of this final rule, we have determined that good cause exists for dispensing with the notice and public comment procedures because such procedures are unnecessary. 5 U.S.C. 553(b)(B). Executive Order 12866
We have consulted with the Office of Management and Budget (OMB)
and determined that this final rule does not meet the criteria for a significant
[[Page 16327]]
regulatory action under Executive Order 12866. Thus, it was not subject to OMB review.
Regulatory Flexibility Act
We certify that this final rule will not have a significant economic impact on a substantial number of small entities because they affect only individuals. Thus, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required.
Paperwork Reduction Act
These proposed rules do not pose any public reporting requirements
and are, therefore, not subject to the requirements of the Paperwork Reduction Act.
(Catalog of Federal Domestic Program Nos. 96.001, Social Security
Disability Insurance; 96.002, Social SecurityRetirement Insurance;
96.004, Social SecuritySurvivors Insurance; 96.005, Special
Benefits for Disabled Coal Miners; 96.006, Supplemental Security
Income; and 96.020, Special Benefits for Certain World War II Veterans)
List of Subjects
20 CFR Part 403
Courts, Government employees.
20 CFR Part 429
Administrative practice and procedure, Claims, Government employees, and penalties.
Dated: April 2, 2009.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set out in the preamble, parts 403 and 429 of chapter
III of title 20 of the Code of Federal Regulations are amended as follows:
PART 403TESTIMONY BY EMPLOYEES AND THE PRODUCTION OF RECORDS AND INFORMATION IN LEGAL PROCEEDINGS
1. The authority citation for part 403 continues to read as follows:
Authority: Secs. 702(a)(5) and 1106 of the Act, (42 U.S.C. 902(a)(5) and 1306); 5 U.S.C. 301; 31 U.S.C. 9701.
2. In Sec. 403.120, revise paragraph (c) to read as follows: Sec. 403.120 How do you request testimony?
* * * * *
(c) You must send your application for testimony to: Social
Security Administration, Office of the General Counsel, Office of
General Law, P.O. Box 17788, Baltimore, Maryland, 212357788, Attn:
Touhy Officer. (If you are requesting testimony of an employee of the
Office of the Inspector General, send your application to the address in Sec. 403.125.)
* * * * *
PART 429ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND RELATED STATUTES
3. The authority citation for part 429 continues to read as follows:
Authority: Secs. 702(a)(5) of the Social Security Act (42
U.S.C. 902(a)(5)); 28 U.S.C. 2672; 28 CFR 14.11; 31 U.S.C. 3721. Subpart A[Amended]
4. In Sec. 429.102, revise paragraph (c) to read as follows: Sec. 429.102 How do I file a claim under this subpart?
* * * * *
(c) Where to obtain claims forms and file claims. You can obtain
claims forms by writing to the Social Security Administration, Office
of the General Counsel, Office of General Law, P.O. Box 17788,
Baltimore, Maryland 212357788. You may also file your claim with the Social Security Administration at this same address.
Subpart B[Amended]
5. In Sec. 429.202, revise paragraph (b) to read as follows: Sec. 429.202 How do I file a claim under this subpart?
* * * * *
(b) Where to file. You must file your claim with the Social
Security Administration, Office of the General Counsel, Office of
General Law, P.O. Box 17788, Baltimore, Maryland 212357788. * * * * *
[FR Doc. E98213 Filed 4909; 8:45 am]
BILLING CODE 419102P
FOR FURTHER INFORMATION CONTACT
Suzanne DiMarino, Office of Regulations, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 212356401. Call (410) 9651769 for further information about these rules. For information on eligibility or filing for benefits, call our national tollfree number, 18007721213 or TTY 18003250778, or visit our Internet Web site, Social Security Online, at http://www.socialsecurity.gov.